Splitting Employee and Employer Contributions
Like most 401(k) plans, this one likely includes both employee salary deferrals and employer matching or profit-sharing contributions. When drafting your QDRO, make sure it clearly states:
- Whether the division includes both employee and employer contributions
- If the division is based on a flat dollar amount, percentage, or formula
- The relevant valuation date (usually your date of separation or divorce)
Employer contributions may be subject to vesting, which brings us to the next point.

